Last updated: 24/05/2021
The Kami website, located at www.usekami.com (our “Website”), Kami’s mobile applications, including the Kami Coach app, and other products and services we provide (collectively, the “Services”), are owned and operated by Optimum Health Limited (d.b.a. Kami) (“Kami”, “we”, “us”, “ours”). We are registered in England and Wales under company number 11998059 and have our registered office at 7 Bell Yard, London, England, WC2A 2JR. In these Terms and Conditions, the terms “you” and “yours” refer to the person using the Service.
These Terms and Conditions (together with the other documents referred to below) set out the terms on which you may use our Services. You should read these Terms and Conditions carefully before accessing our Services, as by using our Services you are confirming that you (i) have read, understood and agree to be bound by these Terms and Conditions, (ii) you are of legal age to form a binding contract, and (iii) that you will abide by these Terms and Conditions and all applicable laws and regulations when using our Services.
If you do not accept these Terms and Conditions you should stop using our Services immediately.
DO NOT USE OUR SERVICES FOR MEDICAL OR ANY OTHER EMERGENCIES UNDER ANY CIRCUMSTANCES.
OUR SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PRACTITIONER OR HEALTH CARE PROFESSIONAL, AND KAMI, ITSELF, DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT.
YOU SHOULD SEEK IMMEDIATE MEDICAL ATTENTION FOR ANYONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, EXPERIENCING UNCONTROLLABLE BLEEDING OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENCY MEDICAL ATTENTION.
Our Services are directed to people residing in the United Kingdom. We do not represent that content available on or through our Services is appropriate for use or available in other locations.
As part of our Services, we provide access to third-party healthcare professionals (each, a “Consultant”) and products (each, a “Product”) to support users through various life transitions including fertility and parenthood. Consultants may provide information and support through chat services, telephone calls and online video calls (each, a “Session”). We also support users and provide information through the Kami Coach chatbot function available in the Kami Coach app.
The scope of the information and support provided by Consultants, on our Website or otherwise through our Services (including through the Kami Coach chatbot) is non-medical. Kami does not endorse or recommend any specific tests, providers, products, procedures, medications, devices, opinions, diagnoses, or other information that may be provided or mentioned by any Consultant. We encourage you to consult with your healthcare provider before using our Services or engaging any Consultant. Our Services are not a substitute for a primary care physician, obstetrician, paediatrician or any other medical service.
While we endeavour to provide you with access to Consultants who will be helpful to you, we make no representation or warranty as to whether you will find any Consultants services relevant, useful, correct, satisfactory or suitable to your needs.
We do not practice medicine or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession of Consultants, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Kami shall not be liable for any information, support or advice you obtain from a Consultant via our Services.
WE DO NOT PROVIDE MEDICAL CARE
It is important to understand that the Services do not include the provision of medical care by Kami. Kami is not a licensed medical care provider, and Kami does not act in a health care professional capacity. You should not change your treatment or care plan, medication or therapy based on information you received through the Services or from any Consultants. Consultation with the Consultants made available via the Services is supplemental to any treatment or care provided by your health care provider and should not replace regular medical visits with your health care provider. Always seek the advice of your physician or other qualified health care practitioner regarding your medical condition or the use (or frequency) of any medication or medical device. Information provided by the Consultants made available via the Services is offered for informational purposes only and is not a recommendation or endorsement of any drug, device or treatment or representation that a particular drug, device or treatment is safe, appropriate, or effective for you. Questions regarding any drug, medical device or treatment should be directed to your healthcare provider. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our services. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. Consultants do not provide emergency services.
OTHER TERMS THAT APPLY
Your employer may have entered into an agreement with Kami to procure your access to our Services. We will provide you with information with respect to the scope and duration of the Services procured by your employer on request, but we recommend that you confirm these details directly with your employer.
These Terms and Conditions refer to the following additional terms, which also apply to your use of our Services:
CHANGES TO THESE TERMS AND CONDITIONS
We make changes to these Terms and Conditions from time to time. If we make any changes, we will notify you by revising the “Effective Date” at the top of this Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our Services, or by sending you an email notification). You should therefore check these Terms and Conditions whenever you use our Services to see whether any changes have been made, as these will be binding on you.
HOW TO CONTACT US
If you have any questions, comments, or concerns regarding these Terms and Conditions or our Services, please email firstname.lastname@example.org or use the “Contact Us” link on our website at https://www.usekami.com/.
ACCOUNTS AND REGISTRATION; SECURITY
When you register, you may be asked to provide a password. It is your responsibility to keep this information secret and confidential and not to disclose it to any other person. If you think that somebody else might know your password then you must log in to your account and change your password or let us know by emailing us using the contact details above as soon as possible.
We reserve the right to disable any User Account or password at any time if, in our reasonable opinion, you fail to comply with any of these Terms and Conditions, if we consider that you are using our Services to download content or infringe in any manner the rights of another person or if we consider that there may be a security risk.
You must be 18 years of age or older and reside in a jurisdiction in which the Services are provided, to use the Services. If you reside in a jurisdiction that restricts the use of the Services because of age or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Services. By using our Services, you represent that you are of legal age to enter into a binding contract.
RESTRICTIONS ON YOUR USE OF OUR SERVICES
You may only use our Services for lawful purposes and in compliance with all applicable laws, including without limitation data protection and privacy laws, laws relating to copyright of content and laws relating to unsolicited commercial electronic messages.
In addition, you must not:
impersonate any person or entity, including another user, Consultant, or an employee of Kami, or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to interfere with or disrupt our servers or networks;
stalk or otherwise harass any person, including another user, Consultant, or an employee of Kami;
solicit, collect or post personal data or attempt to solicit, collect or post personal data about any person, including another user, Consultant, or an employee of Kami, including user names or passwords;
use our Services to send or transmit, whether directly or indirectly, unsolicited or unauthorised advertising or promotional material, chain letters or pyramid selling schemes;
use our Services for mail bombing or flooding or to make deliberate attempts to overload a system;
use our Services to post content or link to content where the owner of that content has not consented to or authorised that posting or linking or where that posting or linking infringes the rights of that owner;
knowingly or recklessly introduce to our Services, or use our Services to transmit, any application, material or ware (such as viruses, spyware, malware or adware) which are malicious or harmful;
attempt to access another user’s account without his or her consent;
attempt to gain unauthorised access to our Services, the server, equipment or network on which our Services are stored, any server, computer or database connected to our Services or any software or attempt;
use our Services to attempt to gain unauthorised access to any other website, internet account, server, computer, equipment, system, network, data or information;
use our Services to monitor data or traffic on any network or system;
use our Services to collect or use information, including without limitation email addresses, screen names or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spidering, scraping and harvesting);
use our Services to distribute software;
carry out a denial-of-service attack or a distributed denial-of-service attack on our Services or use our Services to carry out any such attack on any other website or service; or
use our Services in violation of export laws, controls, regulations or sanction policies of the United Kingdom, United States or any other country.
If you breach any term of these Terms and Conditions your right to use our Services will immediately end. In addition, we may take such other actions including, without limitation, legal action as we consider appropriate.
If you breach any term of these Terms and Conditions, or if we receive a request from a law enforcement authority to do so, we may report your identity, details of any breach and any other information we consider necessary to relevant law enforcement authorities.
OUR WEBSITE AND CONTENT
We do not guarantee that access to our Website, or the content on it, will always be available or uninterrupted. Your right to access our Website is given on a temporary basis only.
We reserve the right to change our Website and the content on it, including without limitation by adding or removing content or functionality, at any time.
We cannot guarantee that all content on our Website is accurate, complete or up to date. We therefore make no warranties, representations, undertakings or guarantees that the content on our Website is accurate, complete, up to date or free from errors or omissions.
The content on our Website is provided for general information purposes only. Nothing on our Website is intended to be advice on which you should rely. You should always obtain appropriate specialist advice before taking, or not taking, action on the basis of any content on our Website.
We make no warranties, representations, undertakings or guarantees that our Website is secure or free from bugs or viruses. You are responsible for ensuring that the device from which you access our Website has suitable anti-virus software in place.
LICENSE AND LIMITATIONS ON USE
Subject to your compliance with these Terms and Conditions and the scope and duration of your Subscription, Kami grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Services.
Unless otherwise specified in writing, the Services are for your personal and non-commercial use. The Services, including, without limitation, application, content, metadata, design, organisation, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through the Services (the “Proprietary Materials”) are the property of Kami or the property of our licensors and are protected by copyright and other intellectual property laws.
All rights regarding the Proprietary Materials not expressly granted in these Terms and Conditions are reserved by Kami.
Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.
RULES ABOUT LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms and Conditions.
If you wish to link to or make any use of content on our Website other than that set out above, please contact email@example.com.
LINKS FROM OUR SERVICES TO OTHER WEBSITES
Our Services may contain links to other websites from time to time. These links are provided for your convenience. We have no control over, and no responsibility or liability to you for, those other websites or their content.
You can choose to cancel your User Account or your Services before the expiration of a Subscription using the cancel subscription and close account features within the Kami app. If you cancel your User Account, you will not be eligible for a prorated refund of any portion of the Subscription you have purchased, although you may use the remaining Sessions you purchased prior to cancellation. Kami reserves the right, at its sole discretion, to cancel user access to our Services. If we cancel your access (other than on the basis of your breach of these Terms and Conditions) after you or your employer has paid any fee, Kami will reimburse the unused portion of that fee.
You can give us feedback on our Services by emailing using the details shown above. If you have a complaint about our Services, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this. If you wish to make a formal complaint about our Service, you should do so as soon as possible by emailing firstname.lastname@example.org. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.
We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologise to you.
If any disagreement between you and us arises in connection with these Terms and Conditions, we will attempt to resolve it by discussing it with you.
TERM AND TERMINATION
These Terms and Conditions will commence as of the date you first accept them (as described in the preamble). If you want to terminate these Terms and Conditions you may do so by contacting us using the contact details above. We may terminate these Terms and Conditions and/or suspend your access to the Services upon notice to you, in the event you breach any material term herein, or if we are required to do so by law (e.g. where the provision of the Services is or becomes unlawful). You agree that all terminations for cause shall be made in Kami’s sole discretion and that Kami shall not be liable to you or any third party for any termination of your User Account.
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files, and content associated with or inside your User Account. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that termination of Services may involve deletion of your information and content in your User Account. All provisions of these Terms and Conditions, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitation of liability.
You are solely responsible for your interactions with Consultants and any other parties you interact with through the Services; provided, however, we reserve the right, but have no obligation, to intercede in such disputes.
You are responsible for determining your suitability to be a user of the Service and acknowledge that only you can determine whether a physical or medical examination should be undertaken before using the service in any capacity. You acknowledge that you are solely responsible for all aspects of your health and wellbeing before, during and after using the Service.
You use the Services at your own risk. Kami does not guarantee that you will find the Services relevant, useful, correct, satisfactory or suitable to your needs. We do not guarantee that any Consultant is categorized correctly or will be correctly matched to you. Kami expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the Services, and assumes no liability or responsibility to you or any minor for whom you are responsible for any errors, mistakes, or inaccuracies in such content or in the Services provided by Kami or Consultants, or information provided by a Consultant or through our Services. You agree that your access to, and use of, the Services, and Consultants and the content and Service available through the foregoing is on an “as-is”, “as available” basis and Kami specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement. Kami does not warrant or make any representations regarding the use or the results of the use of the products, offerings, content, and materials available through the Services, including without limitation the availability, use, or results of services provided by any consultant.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.
Subject to the above, we will not be liable to you for any loss or damage arising out of or in connection with your use of (or inability to use) our Services including, without limitation, any information or data made available through our Services or any services performed by any Consultants that you connect with via our Services (including claims of medical malpractice), whether in contract, tort (including without limitation negligence), misrepresentation, restitution, under statute or otherwise.
In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability of Kami for all claims (whether in contract, tort (including negligence or otherwise) of every kind arising out of these Terms and Conditions will not exceed the amount of fees paid by you or your employer during the preceding 12-month period. If any portion of this limitation of liability is found to be invalid, Kami’s liability shall be limited to the extent permitted by applicable law.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation. These Terms and Conditions will inure to the benefit of our successors, assigns, and licensees.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms and Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Condition, or if we delay in taking steps against you in respect of your breaking any provision of these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these Terms and Conditions and where you may bring legal proceedings. These Terms and Conditions are governed by English law. If you are a consumer, you can bring legal proceedings in respect of these Terms and Conditions in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms and Conditions in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms and Conditions in either the Northern Irish or the English courts. If you are a business user, the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and Conditions (including without limitation in relation to any non-contractual obligations).
These Terms and Conditions are not intended to benefit any third party. These Terms and Conditions do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.
Some paragraphs of these Terms and Conditions may still be enforceable after you stop using our Services. Any and all provisions of these Terms and Conditions that would reasonably be expected to be performed after the termination or expiration of these Terms and Conditions shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.